Delegated Powers and Law Reform Committee
Meeting date: Tuesday, January 18, 2022
Official Report 463KB pdf
Contents
- Attendance
- Decision on Taking Business in Private
- European Union (Withdrawal) Act 2018: Instrument Procedure and Category
- Instruments subject to Made Affirmative Procedure
- Instruments subject to Affirmative Procedure
- Instruments subject to Negative Procedure
Instruments subject to Negative Procedure
Under agenda item 5, issues have been raised on three negative instruments.
Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2021 (SI 2021/1455)
Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground in respect of the incorrect reference in paragraph 4(3) of new schedule 8A to the Greenhouse Gas Emissions Trading Scheme Order 2020, which is inserted by article 27 of the instrument, to article 18(11) of the free allocation regulation, which should have been to article 18a(11) of that regulation?
No member has indicated that they are not content or that they wish to speak, so we are agreed.
Does the committee also wish to welcome that the Scottish Government is liaising with the other United Kingdom Administrations with a view to correcting the error at the next available opportunity?
No member has indicated that they are not content or that they wish to speak, so we are agreed.
Nutritional Requirements for Food and Drink in Schools (Scotland) Amendment Regulations 2021 (SSI 2021/481)
Under section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, instruments subject to the negative procedure are required to be laid at least 28 days before they come into force, not counting recess periods of more than four days. In its letter to the Presiding Officer on the instrument, the Scottish Government explained that urgent action was required, as concerns have been raised by education authorities and managers of grant-aided schools about their ability to comply with the duties under earlier regulations as a result of an inability to procure certain foods due to disruption in the school food supply chain.
Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), in relation to the failure to lay the instrument in accordance with the laying requirements under the 2010 act?
No member has indicated that they are not content or that they wish to speak, so we are agreed.
At the same time, is the committee content with the explanation that the Scottish Government has provided for this breach of the laying requirement?
No member has indicated that they are not content or that they wish to speak, so we are agreed.
A similar issue has been raised on the following instrument.
Official Controls (Transitional Staging Period) (Miscellaneous Amendments) (Scotland) (No 3) Regulations 2021 (SSI 2021/493)
The instrument relates to the phasing-in of border controls on imports of certain goods following EU withdrawal. It breaches section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, as it was laid on 22 December 2021 and came into force on 1 January 2022.
Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), in relation to the failure to lay the instrument in accordance with laying requirements under the 2010 act?
No member has indicated that they are not content or that they wish to speak, so we are agreed.
The Scottish Government has provided an explanation of the reasons for the failure in a letter to the Presiding Officer and in response to the committee’s written questions. All of the committee’s correspondence on today’s instruments can be found in paper 3 of the online papers. Clearly, there is an issue between the Scottish Government and the UK Government. I suggest that we highlight that to the subject committee, which is planning to look at the instrument next week. It can then make any decision that it wishes to take as a result.
No member has indicated that they are not content with that course of action or that they wish to speak, so we are agreed on that.
Finally under this agenda item, no points have been raised on the following instrument.
Council Tax (Dwellings and Part Residential Subjects) (Scotland) Amendment Regulations 2021 (SSI 2021/489)
Is the committee content with the instrument?
No member has indicated that they are not content or that they wish to speak, so we are agreed.
10:27 Meeting continued in private until 11:47.